Hilliard v. Delaware, Lackawanna & Western R. R.

Stewart, P. J.,

Complainant’s bill alleges that he is the owner of two acres of land in the village of Martin’s Creek, through which a single track of the defendant runs, and across which track there ran a public highway at grade; that, by order of the Public Service Commission, dated Dec. 15, 1925, the said public highway was changed so that the same was carried over the said railroad track by a bridge and viaduct located on the land of complainant, but at a considerable distance from the above grade crossing and at a great height above the level thereof, the construction of which viaduct…